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Land use violation at the ICE facility

Label: Information
The City has found that the federal government violated its land use approval for the ICE facility in South Portland 25 times in a 10-month period, according to federal records. Find information and next steps in that process.

Overview

On September 18, 2025, following an investigation initiated by public complaint(s), the City of Portland issued a land use violation notice for the U.S. Immigration and Customs Enforcement facility in Southwest Portland, launching a process to bring the site's detention practices into compliance with the conditions of the site's land use approval.

Federal government records from a 10-month period showed more than a dozen instances of detainees being kept overnight or held for more than 12 hours, which is in violation of the facility's land use conditions of approval with the City. The notice also references a second violation related to boarded windows, which is not associated with the land use approval.

Like ICE sites in many U.S. cities, Portland's South Waterfront facility has attracted attention since the current presidential administration ramped up immigration enforcement. In response to formal complaints, the City launched an investigation in July 2025. The City reviewed data released to the Deportation Data Project, a nonprofit that used the Freedom of Information Act to request information about ICE processing centers.

Records indicate that detainees were held beyond the facility's 12-hour limit or kept overnight 25 times between October 1, 2024, and July 27, 2025. The most recent violation during that period took place May 20.

Under land use rules, a landowner or operator has 30 days after receiving a notice of violation to correct the issue. If there is substantial evidence of violation, a fine can be issued. Portland Permitting & Development can also initiate a "reconsideration" of a land use approval by scheduling a hearing at least 60 days after the notice. Once the hearings officer makes a decision, it can be appealed to the Portland City Council by any interested party.

Current status

Last updated: September 11, 2026

On Oct. 3, 2025, the law firm representing the owner of 4310 S. Macadam Ave requested an Administrative Review of the Sept. 18, 2025, Notice of Violation issued for the U.S. Immigration and Customs Enforcement facility in Southwest Portland.

The administrative review process involves a meeting between the owner or leasee and Portland Permitting & Development, during which the owner or leasee shares evidence to support their position. After the meeting, Permitting reviews all the information and issues an Administrative Review Decision. On Feb. 13, 2026, Portland Permitting & Development reaffirmed the Sept. 18, 2025 Notice of Violation.

The owner then appealed the City's decision to the City Code Hearings Office. While a hearing on the merits of the appeal was held May 5-6, the Multnomah County Circuit Court issued a "stay" on the ruling, meaning further legal process has been halted unless and until the stay is lifted.

On July 10, 2026, the Portland Hearings Officer formally affirmed the City's decision to issue a notice of violation. This decision comes after the Multnomah County Circuit Court granted the City's request to temporarily lift the "stay" – which prevented the decision from being issued. Now that the Hearings Officer's decision has been issued, the stay was automatically put back in place, preventing further enforcement actions by the City for the time being.

The City Hearings Officer's July 10 Order became final and effective 14 calendar days after issuance (July 24, 2026). A review of final orders of the Code Hearings Officer will be by writ of review to the Circuit Court of Multnomah County, Oregon. On Aug. 14, the Court signed an Order allowing the record for all writs to be returned on Sept. 11. By statute, the petitioner had until Sept. 8 to file the writ of review on the Hearings Officer's July 10 Order. The parties will have a status conference with the court to set the consolidated briefing and hearing schedule.

The City Hearings Officer's decision became final on July 24, 2026 (14 days after issuance). In order to challenge that decision, the owner must file a "writ of review" with the Multnomah County Circuit Court. By law, the owner had until Sept. 8 to file. On Aug. 14, the court set a deadline (Sept. 11) for receiving all court documents related to that appeal. A status conference will follow, where the court and both sides will agree on deadlines and hearing dates.

Next Steps 

The City Hearings Officer's Order became final and effective 14 calendar days after issuance (July 24, 2026). A review of final orders of the Code Hearings Officer shall be by writ of review to the Circuit Court of Multnomah County, Oregon, as provided in ORS 34.010 – 34.100 and PCC 22.04.010.

By statute, Petitioner has until Sept. 8 to file the writ of review on the Hearings Officer's July 10 Order. On Aug. 14, the Court signed an Order allowing the record for all writs to be returned on Sept. 11. The parties will have a status conference with the court in the next two weeks to set the consolidated briefing and hearing schedule.

Background on the ICE facility

The conditional land use approval for this facility has been in place since 2011, shortly after the building owner for 4310 S. Macadam Ave. secured a long-term lease with the General Services Administration for two agencies associated with ICE. The site includes a processing center where federal officers detain and interview people to determine their legal status as U.S. residents.

Under Portland's Zoning Code, detention facilities require a land use approval for the conditional use. As part of the conditional use decision made by the City in 2011, detainees can be held for no longer than 12 hours and may not remain overnight.

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